An Oklahoma lawmaker has proposed a one percent excise tax on all video games …

When the US Supreme Court decided last year to extend full First Amendment protections to video games, many likely thought that was the last word on potential legal assaults on the medium. That's not the case though, as an Oklahoma lawmaker has now proposed a special tax to be focused on "violent video games."

Democrat Will Fourkiller has introduced HB2696 (full text, RTF download link), proposing to add a one percent excise tax on all "violent video games." The text defines that term as "a video or computer game that has received a rating from the Entertainment Software Rating Board of Teen, Mature or Adult[s] Only."

Such a broad definition would also rope in T-rated titles like Ultimate Card Games on the Nintendo DS (noted solely for "Simulated Gambling" by the ESRB), and Wii title Robocalypse: Beaver Defense (which the ESRB says features "cartoon violence, crude humor and suggestive themes.")

This game would be subject to an additional tax under the law. A DVD of Inglourious Basterds would not.

Telegames

Proceeds from the new tax would go towards two new state funds devoted to childhood outdoor education and bullying prevention. Fourkiller told Oklahoma TV station KFOR that such funding was only appropriate, citing unspecified research showing video game playing being linked to obesity and bullying. There's even a game called Bully, Fourkiller pointed out, a situation he reportedly found unbelievable.

"A gentleman shot a police officer and stole his car. He had been playing Grand Theft Auto," Fourkiller went on to tell the station, likely referring to a 2003 case against Ohio's Dustin Lynch. Lynch's case was a favorite cause of former Florida lawyer and anti-game-violence activist Jack Thompson, who was also instrumental in pushing for an Oklahoma law seeking to limit violent game sales to minors. That law, passed in 2006, was struck down by an Oklahoma District Court in 2007.

"Not everybody is going to react the same," Fourkiller said, "but I believe after hours and hours of watching the screen, playing the video game, being that person and taking on that role, people get desensitized." (Fourkiller has yet to respond to a request for further comment from Ars Technica).

The Entertainment Software Association is very critical of the legislation. "We are disappointed that even in the wake of an overwhelming decision in the United States Supreme Court finding proposals such as this to be patently unconstitutional, there are those who still try to attack video game with outdated notions of our industry," ESA VP Dan Hewitt told Ars. "Taxing First Amendment protected material based on its content is misguided."

The bill is being proposed under "emergency" rules because it is "immediately necessary for the preservation of the public peace, health and safety," according to the text. After being read on the House floor next week, the bill will need majority votes in both the Oklahoma House of Representatives and Senate before being sent to the governor. After that, if it doesn't receive a three-fourths majority in both houses, it will be put on a November ballot to be approved or rejected by Oklahoma voters.

New Mexico tried to pass a similar tax on violent games in 2008, to provide an estimated $4 million in annual funding to the "Leave No Child Inside" initiative. That effort failed to find majority support in the state legislature.

Latest Ars Video >

War Stories | Thief: The Dark Project

1998's Thief: The Dark Project was a pioneer for the stealth genre, utilizing light and shadow as essential gameplay mechanics. The very thing that Thief became so well-known for was also the game's biggest development hurdle. Looking Glass Studios founder Paul Neurath recounts the difficulties creating Thief: The Dark Project, and how its AI systems had to be completely rewritten years into development.

War Stories | Thief: The Dark Project

War Stories | Thief: The Dark Project

1998's Thief: The Dark Project was a pioneer for the stealth genre, utilizing light and shadow as essential gameplay mechanics. The very thing that Thief became so well-known for was also the game's biggest development hurdle. Looking Glass Studios founder Paul Neurath recounts the difficulties creating Thief: The Dark Project, and how its AI systems had to be completely rewritten years into development.

Kyle Orland
Kyle is the Senior Gaming Editor at Ars Technica, specializing in video game hardware and software. He has journalism and computer science degrees from University of Maryland. He is based in the Washington, DC area. Emailkyle.orland@arstechnica.com//Twitter@KyleOrl

As I have grown older over the years I've gone from indifference to politicians, through distrust, onto disdain, and finally to wholesale loathing of the BS that issues forth from these guys (and to be fair, gals). Where to these a$$hats get off at legislating morality? You know, I sometimes like to have an adult beverage when I'm spending time in the shop at night. Get taxed for that. Have a smoke? Get taxed on that (granted, it's an old vice that I sometimes like to have a smoke if I'm having a drink late at night. Not a regular thing). Now want to play a game to give reality a rest and someone deems it violent? Pay a tax. Here in Tennessee, and I imagine elsewhere, it's called a Sin tax (not a play on words either, not that clever around here). Don't step in line with the fundies, guess I'll pay a tax.

Meanwhile if you want to pat yourself on the back and call your self a christian, that's fine, but your favorite club doesn't have to pay taxes? Even when it pushes political agendas?

This world won't know peace until the last politician is strangled with the entrails of the last priest. Can I just vote 'NO' in the next election?

[/End rant. Just needed to vent a bit on that one. Sorry, not trolling. Just hit the point of exasperation.]

Meh, we have sin taxes on booze and smokes, we use funds from gambling for education all the time, why not video games? They are a luxury item and nobody is saying you buy can't them...

Sure. Levy the tax across the board on entertainment items (video games, movies, board games, etc). You'd get no argument from me on that. But to single out games with ratings of T and above, and claim to be doing so to protect the children... that's the problem.

On one hand, I hate the precedent this sets, on the other it's hard for me to get worked up over a 1% (so $0.50 on new games) excise tax that goes towards ostensibly good causes. I can't imagine that it's going to be a lot of money in the end. Maybe I should oppose the bill for being a waste of time.

You guys are all tech hacker types. You should publish this guy's personal info like his address and everything else. Hopefully some psycho out there will take action and give this guy what he deserves.

On one hand, I hate the precedent this sets, on the other it's hard for me to get worked up over a 1% (so $0.50 on new games) excise tax that goes towards ostensibly good causes. I can't imagine that it's going to be a lot of money in the end. Maybe I should oppose the bill for being a waste of time.

1% gets their foot in the door. It is low and harmless enough to not cause an outrage. Tell me the odds of it staying at 1% once it is established. Taxes aren't exactly known for stagnation or reduction over time.

Meh, we have sin taxes on booze and smokes, we use funds from gambling for education all the time, why not video games? They are a luxury item and nobody is saying you buy can't them...

Sure. Levy the tax across the board on entertainment items (video games, movies, board games, etc). You'd get no argument from me on that. But to single out games with ratings of T and above, and claim to be doing so to protect the children... that's the problem.

Also booze and cigarettes cause bodily harm. Also Gambling is sort of a grey area. Video games do not have a physical impact. Well not directly at least. It could certainly be a contributing factor to other violent acts though. But then again so can music and movies and even books. There is an awful lot of killing in the bible you know. Then there were those crusades...

A gentleman shot a police officer and stole his car. He had been playing Grand Theft Auto

He also used a sink, and he ate breakfast. I guess we're going to tax those too?

How these people don't understand the difference between correlation and causation boggles my mind. It's so freakin' simple. The day that he, or any other game-hating politico, shows a preponderance of unrefuted, scientific evidence that video games cause violence, I'll accept their nonsense, but so far I've just seen them bring up that (now officially prevented from giving evidence as an expert in court) nutter and scientific fraudster Anderson's 'studies' over and over again.

You guys are all tech hacker types. You should publish this guy's personal info like his address and everything else. Hopefully some psycho out there will take action and give this guy what he deserves.

Sometimes, I'm proud that I hail from Oklahoma; Will Rogers, Mickey Mantle, Jim Thorpe, and so on. Other times...like today...I want to be from Canada.

This is a hypocritical bunch of malarkey. Oklahoma has more casinos than most other states. Advertising is 24x7 and everywhere. Many of these casinos "feature" UFC-wannabe cage fighting as draws to get folks in the door.

And yet, another idiotic lawmaker wants to tax / ban VIDEO games???

Did I mention that the casinos are on "Indian land" and as such, aren't subject to the same tax collection rates as "regular" casinos in Nevada and California?